Town facing 2012 trial on alleged assault

EXETER — It could be more than a year before there a resolution to a lawsuit filed against the town by a former Highway Department employee. The lawsuit alleges an assault occurred on the job in 2009.

Aaron Sanborn

EXETER — It could be more than a year before there a resolution to a lawsuit filed against the town by a former Highway Department employee. The lawsuit alleges an assault occurred on the job in 2009.

The case of Brenda L. Rand vs. Exeter is scheduled to go to trial the week of Oct. 2, 2012.

Rand's attorney, Duncan MacCallum, said a lot could still happen between now and October 2012, but at this point in time the case is still on a trial track.

"Both parties are engaged in the discovery process right now," MacCallum said.

The discovery portion of a legal case is the fact-gathering stage.

Rand filed suit against the town in February 2011 at U.S. District Court in Concord, claiming sex discrimination in employment, assault and battery, intentional infliction of emotional distress, and wrongful termination of employment.

Rand is a former part-time transfer station attendant.

Her suit centers around an alleged workplace sexual assault on Nov. 12, 2009. Rand claims fellow town employee George McAllister sexually assaulted her by fondling her and grabbing her hand and placing it against his body.

Rand also claims McAllister made various "sexually explicit" and "crude remarks" toward her.

The town has denied all of Rand's allegations and said it did conduct an investigation into the incident and was unable to determine if an assault occurred.

Rand also claims in the suit that the town's investigation into the assault was "half-hearted" and "counterfeit."

Rand's suit goes on to claim that she was retaliated against for filing the complaint. This retaliation included Rand being ignored by her male co-workers, facing extra scrutiny from supervisors at work and a "groundless" reprimand for being rude to a member of the public, which was filed a week after she filed her sex-assault complaint, according to the suit.

Rand goes on to allege her complaint eventually led to her termination when she was fired without cause in May 2010.

The town's attorney, William Scott of Portsmouth, previously said that Rand was reprimanded and placed on administrative leave because of her own "threatening and abusive behavior."

Rand is seeking damages for lost wages and benefits, emotional distress and attorney fees. Rand never filed a complaint with police, her attorney previously said.

The trial for this case is estimated to last three to four days.

Never miss a story

Choose the plan that's right for you.
Digital access or digital and print delivery.

Advertise

Original content available for non-commercial use under a Creative Commons license, except where noted.
seacoastonline.com ~ 111 New Hampshire Ave., Portsmouth, NH 03801 ~ Privacy Policy ~ Terms Of Service